The Supreme Court is scheduled to hear arguments on whether states may allow for state and local governments to prohibit individuals from using guns on their own property.
If they do, they could face the prospect of having to remove firearms from their homes.
If the justices decide to overturn a lower court ruling, it could open the door to further gun control laws in states that have resisted.
And if the justices strike down the lower court’s ruling, they would effectively legalize local gun restrictions in many states.
“States will now be free to regulate gun ownership and possession in ways that are consistent with the Second Amendment,” writes Andrew Wheeler, a constitutional law professor at the University of Virginia.
“The courts have ruled that these restrictions must be reasonable and that states may only regulate their own people’s gun ownership if doing so is in the public interest.”
Federalist Papers #20: The Second Amendment article The first federalist paper, written by Thomas Jefferson and Alexander Hamilton, outlined the constitutional rights of individual states and how the federal government would work.
Federalist #21: States can’t regulate guns article In Federalist II, the Federalists debated whether the federal governments powers should be limited to “law enforcement and the administration of justice” or “general public welfare.”
In a similar vein, the Constitution defined the powers of the federal president to carry out “such powers as Congress may from time to time give them” and limited the president’s powers to “proceed promptly to execute laws” and “make treaties.”
The Federalist Paper No. 20 also proposed the idea of “States have a right to ban certain types of arms, ammunition, and accessories, and have the power to enforce such bans.”
Federalists #21 was a landmark paper that laid out the foundation of the United States government and laid out how the government could work in the abstract.
But it was a much more complex, and contentious, document than the one you’ll find on the left.
The first part of the document, the “Second Amendment” (a reference to the Second National Bank of Boston), has become a source of debate.
In Federalists No. 21, Jefferson wrote that the Second was “the first of the rights guaranteed by the Declaration of Independence, and is, as far as it is valid, the guaranty of our independence.”
Jefferson also said that “all the powers and immunities of the government, as vested in it by the Constitution, are inseparable from its nature as a government of the States.”
But in Federalist No. 22, he added that “it is a matter of opinion whether the general Government is a separate and distinct government from the States, or whether the States are a distinct government, and the general government is a part of them.”
He went on to say that “the powers delegated to the general Legislature are not incompatible with the powers reserved to the States by the first clause of the first article.”
The second part of that section, “the right of the people peaceably to assemble,” is often referred to as the “First Amendment.”
According to Federalist James Madison, the first part “declares that the citizens of the several States, and of the Union as a whole, shall have a voice in the selection of officers for the Federal government.”
He continued, “The Constitution declares that no state shall be deprived of her suffrage or privilege by the United Nations, or of the right of suffrage in any other branch of the Government.”
Federalism Papers #22: The right to bear arms was a matter for the states to decide article Federalists believed that the rights of individuals to own and carry firearms were separate and independent from the federal ones.
But the founders wanted to establish the right to keep and bear arms for self-defense in the event of an invasion.
As the founders saw it, the government should have a “duty of security” in the case of an armed attack.
“An individual who should be a participant in an invasion, invasion of private property, or an attempt to destroy the Government should be armed, not only with arms, but also with some suitable cover for concealment,” wrote Madison.
“He who has a duty of security in the common defense, shall not be allowed to take it for himself, and if he should be attacked in this manner, his arms must be kept in readiness.”
Federal paper No. 8: Gun rights should be left to the states article Federalist George Mason and Thomas Jefferson supported states’ rights in the same way that they support states’ right to own guns.
But they also believed that federal laws were the right tool for the federal state to use in controlling gun rights.
The Federalists disagreed with the idea that the states should have the right, or even the duty, to ban guns altogether.
“It is true,” wrote Mason, “that the laws of the states may be inconsistent with the Constitution; but that they may be equally inconsistent